Syllabus For The Course of D.PC-I, D.P.C. Il and D.P.C-III Sem-II (3 Years LL.B.) and Sem-VI (5 Years B.I.S..LL.B.) Programme
Syllabus For The Course of D.PC-I, D.P.C. Il and D.P.C-III Sem-II (3 Years LL.B.) and Sem-VI (5 Years B.I.S..LL.B.) Programme
C-III
Sem-II (3 years LL.B.) and Sem-VI (5 years B.I.S..LL.B.) programme
1. Caveat:
6. Plaint:
9. Written Statement;
10. Appeal;
148A. Right to lodge a caveat - (1) Where an application is expected to be made, or has been made, in a suit
or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the
Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged
(hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement
due, on the person by whom the application has been, or is expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or
proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at
the caveator’s expense, with a copy of the application made by him and also with copies of any paper or
document which has been, or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry
of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has
been made before the expiry of the said period.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CAVEAT NO. OF 2024
IN
PROPOSED WRIT PETITION NO. OF 2024
, )
, )
, ) …Proposed Petitioner
VERSUS
, )
, )
, ) …Proposed Respondent/ Caveator
Sir,
1. That the Respondent/ Caveator is expecting that the Proposed Petitioner may file a Writ Petition under
Article 226 of Constitution of India, 1950 being aggrieved by Order dated passed by
Municipal Commissioner, MCGM in this Hon’ble Court as such this Caveat is being filed.
2. That the Respondent/ Caveator has a right to appear and contest the Writ Petition preferred by the
Proposed Petitioner.
3. That the Caveator desires that he may be given the notice of the filling of the Writ Petition as and when
the same is filed by the Proposed Petitioner, to enable Respondent/ Caveator to appear at the time of
hearing for admission and no stay may be granted without hearing the Respondent/ Caveator.
4. That a copy of this Caveat has been sent by RPAD post to the Proposed Petitioner.
5. The Respondent/ Caveator abovenamed pray that no order be passed without due notice under Section
148 A of the Civil Procedure Code, 1908 in any application for ad-interim reliefs in the Writ Petition
likely to be filed.
(____________)
Advocate
FORM 3
(Under rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016)
[Date]
To,
[Names]
[Address of the registered office of the corporate debtor]
From,
[Name]
[Address of the registered office of the operational creditor]
Subject: Demand notice/invoice demanding payment in respect of unpaid operational debt due from
[corporate debtor] under the Code.
Madam/Sir,
1. This letter is a demand notice/invoice demanding payment of an unpaid operational debt due
from [name of corporate debtor].
3. If you dispute the existence or amount of unpaid operational debt (in default) please provide the
undersigned, within ten days of the receipt of this letter, of the pendency of the suit or arbitration
proceedings in relation to such dispute filed before the receipt of this letter/notice.
4. If you believe that the debt has been repaid before the receipt of this letter, please demonstrate
such repayment by sending to us, within ten days of receipt of this letter, the following:
(a) An attested copy of the record of electronic transfer of the unpaid amount from the bank
account of the corporate debtor; or
(b) An attested copy of any record that [name of the operational creditor] has received the
payment.
5. The undersigned, hereby, attaches a certificate from an information utility confirming that no
record of a dispute raised in relation to the relevant operational debt has been filed by any
person at any information utility. (if applicable)
6. The undersigned request you to unconditionally repay the unpaid operational debt (in default) in
full within ten days from the receipt of this letter failing which we shall initiate a corporate
insolvency resolution process in respect of [name of corporate debtor].
Yours sincerely,
Instructions
1. Please serve a copy of this form on the corporate debtor, ten days in advance of filing an application
under section 9 of the Code.
2. Please append a copy of such served notice to the application made by the operational creditor to
the Adjudicating Authority.
Ref. No…………….
Dated ____, __________
REGD.A.D.
SUB.: LEGAL NOTICE To, _____________
Dear Sir/Madam,
1. My Client, M/s. ___________. through tis _______ Shri ________, a Company incorporated
under the Indian Companies Act, having its Registered Office at _____________ have placed
in my hands your Cheque drawn upon ____________ Bank Ltd. for an amount of
Rs._________/- dated ____ ______, _____.
2. That my Client had entered into the arrangement and accordingly the total investment/loan
from my Client had been to the tune of Rs.________/- and a Cheque was issued in favour of
my Client bearing Cheque No._____ dated ________.
3. That the Proprietor, Shri _______, had unconditionally confirmed to my Client that upon the
presentation of the Cheque, the Cheque shall be cleared and accordingly my Client has
presented the Cheque on ________ and the Cheque has been returned back with the remarks
‘_____’ on _____ and my Client has received back the dishonoured Cheque from the Bankers
on ________.
4. That this itself shows the dishonest intention on your part while issuing the Cheque
amounting to Rs.________/- bearing Cheque No._____ dated ________ and on account of
your dishonest intention for not making the sufficient balance in your a/c. and more particularly
you have closed the A/c. after the issuance of the Cheque which itself shows that your goodself
is liable for the penal consequences which have culminated into the perpetuated fraud on the
basis of the issuance of the cheque and for which, my Client has instructed me to initiate the
appropriate action in accordance with the law keeping in view your dishonest intention.
5. That it is also a matter of record that my Client has been receiving the payments under
different heads pursuant to the understanding agreed upon since ________ and accordingly, an
amount of Rs.________/- has been withheld by you on the different dates.
6. That on account of the total negligence on your part for not making the payment to my Client
shall initiate the process as contemplated under the Law and therefore, the undersigned issue
you the present Notice under Section 138 of the Negotiable Act and thereafter to make the
payment of the above said amount amounting to Rs.________/- pursuant to your Cheque
No._____ dated ________ drawn upon the _______ with a period of 15 (fifteen) days from the
date of receipt of the present Notice, failing which the undersigned shall be constrained to take
legal action against your goodself and also to take such an appropriate remedy which is
available under the Law. The above mentioned notices are also liable to for the penal
consequences and my Client has given clear instructions to take the appropriate remedy under
law including lodging the complaint with the Economic Offence Wing.
7. That you are also called upon to make the payment of the cheque amount, as referred for
which my Client shall be entitled to take the recourse under the Law as available.
8. That you are also called upon to pay the cost of the present Notice amount to Rs.____/-
(Rupees __________ only).
(_________)
ADVOCATE
APPLICATION FOR TEMPORARY INJUNCTION
IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________),
DELHI
IA NO. ___________OF 20…
IN
SUIT NO. ___________OF 20...
APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1 & 2 READ
WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908
1. That the plaintiff has filed a suit for permanent injunction which is pending for disposal before this
Hon’ble Court.
2. That the contents of the accompanying suit for permanent injunction may kindly be read as a part
and parcel of this application which are not repeated here for the sake of brevity.
3. That the plaintiff/applicant has got a prima-facie case in his favour and there is likelihood of success
in the present case.
4. That in case the defendants are not restrained by means of ad-interim injunction for dispossessing
the plaintiff from the above said premises no. _________ Uttam Nagar, New Delhi and from
interfering in physical peaceful possession of the above said premises, the plaintiff shall suffer
irrepairable loss and injury and the suit shall become anfractuous and would lead to multiplicity of
the cases.
5. That the balance of convenience lies in favour of the plaintiff and against the defendants.
PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-
a. Pass ex-parte ad interim injunction restraining the defendants, their associates, servants, agents and
their representatives from interfering into the peaceful physical possession of the plaintiff in the
above said premises and from dispossessing the applicant/plaintiff from the same.
b. pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case.
PLACE:
DATE:
Plaintiff /Applicant
Through
Advocate
X_______________ …. PLAINTIFF
VERSUS
Y_________________ …. DEFENDANT
PRELIMINARY OBJECTIONS:
1. That the suit is barred by limitation under Article _________ of the Limitation Act and is liable to be
dismissed on this short ground alone.
2. That this Hon’ble Court has no jurisdiction to entertain and try this suit because ______________
3. That the suit has not been properly valued for the purpose of court fees and jurisdiction and is
therefore liable to be rejected outrightly.
4. That there is absolutely no cause of action in favour of the Plaintiff and against the Defendant.
The suit is therefore liable to be rejected on this ground also.
5. That the suit is bad for non-joinder of necessary parties, namely _________________
7. That the suit is barred by the decree dated _____________ passed in suit No. __________ titled Y Versus
X by Sh. _______________, Sub-Judge, ________, The present suit is therefore barred by the principle of
res-judicata and therefore liable to be dismissed on this short ground alone.
8. That the suit is liable to be stayed as a previously instituted suit between the parties bearing No.
________ is pending in the Court of Sh. _____________, Sub-Judge, _________
9. That the suit has not been properly verified in accordance with law.
10. That the Plaintiff’s suit for permanent injunction is barred by Section 41 (h) of the Specific Relief
Act since a more efficacious remedy is available to the Plaintiff. The Plaintiff has alleged breach of
contract by the Defendant. Assuming, though not admitting, that Defendant has committed any
alleged breach, the remedy available to Plaintiff is by way of the suit for specific performance and
not sent for specific performance.
11. That the Plaintiff’s suit for a permanent injunction is also barred by Section 41 (i) of the Specific
Relief Act because he has not approached this Hon’ble Court with clean hands and his conduct has
been most unfair, dishonest and tainted with illegality.
12. That the Plaintiff’s suit for declaration is barred by Section 34 of the Special Relief Act as the
plaintiff has omitted to claim further consequential relief available to him.
13. That the suit is barred by Section 14 of the Specific Relief Act as the contract of personal service
cannot be enforced.
14. That the suit is liable to be dismissed outrightly as the Plaintiff has not given the mandatory
notice under Section 80 of the Code of Civil Procedure/Section 14 (1) (a).
15. That the suit is liable to be dismissed as the Plaintiff firm is not registered under Section 69 of
the Indian Partnership Act and as such is not competent to institute this suit.
16. That the present suit is barred by Section 4 of the Benami Transaction (Prohibition) Act, 1988
and is therefore liable to be dismissed outrightly.
ON MERITS:
Without prejudice to the preliminary objections stated above, the reply on merits, which is
without prejudice to one another, is as under-
2. That the contents of para 2 of the plaint are denied for want of knowledge. The Plaintiff is put to
the strict proof of each and every allegation made in the para under reply.
3. That the contents of para 3 of the plaint are absolutely incorrect and are denied. It is specifically
denied that the Plaintiff is the owner of the suit properly. As a matter of fact, Mr. N is the owner of
the suit properly.
4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the
suit properly. However, the remaining contents of the para under reply are absolutely incorrect and
are denied. It is specifically denied that ___________ 5-10. (Each and every allegation must be replied
to specifically depending upon the facts of each case. The above reply on merits is therefore only
illustrative in nature.)
11. That para 11 of the plaint is incorrect and is denied. There is no cause of action in favour of the
Plaintiff and against the Defendant because ____________ The Plaintiff is therefore liable to be rejected
outrightly.
12. That para 21 is not admitted. This Hon’ble Court has no jurisdiction to entertain this suit because
the subject matter of this suit exceeds the pecuniary jurisdiction of this Hon’ble Court.
13. The para 13 is not admitted. The suit has not been properly valued for the purpose of court fees
and jurisdiction. According to the Defendant, the correct valuation of the suit is Rs ____________
PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:
c) Pass any other just and equitable order as deemed fit in the interest of justice.
DEFENDANT
Place________ THROUGH
DATE_________ ADVOCATE
VERIFICATION:
Verification at _______ on _______ day ________ of, 20XX that the contents of paras 1 to ____ Of the
preliminary objection and para ____to _____ of reply on merits are true to my personal knowledge
and those of paras _____ to _____ of preliminary objection and para _____to _____ of reply on merits
are true & correct on the basis of legal advice received and believed to be true.
DEFENDANT
(NOTE : Counter Claim, Set off can be joined in the Written Statement and the same may be verified and
supported by affidavit)
IN THE COURT OF DISTRICT JUDGE
IN RE:
Position of Parties
S/O
R/O
VERSUS
S/O
R/O
FIRST APPEAL UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF THE
CODE OF CIVIL PROCEDURE AGAINST THE JUDGEMENT AND DECREE DATED
_______________ PASSED BY ____________________, (DESIGNATION).
RESPECTFULLY SHOWETH:
1. That the Appellant(s) are preferring the present Appeal against the
judgement and decree dated _______________ whereby suit filed by Respondent
for Permanent Injunction was decreed with cost(s) in favour of Respondent(s).
Certified copy of the judgement and decree date _______________ is filed
herewith as Annexure- A.
2. That the facts leading to filing of present Appeal are enumerated
hereinafter.
4. That Shri Suresh stopped paying the mutually agreed rent, altogether,
denied the entry of the Appellant, the Landlord, in his own house. Para 13 of
the Lease deed clearly states due to failure in monthly rent payment amount
by the Tenant, the Respondent, it will hand over the peaceful possession of the
Lease Property to the Landlord, the Applicant in this case.
6. That the copies of the Plaint filed by the Respondent are annexed hereto
as Annexure A-1. Written Statement filed on behalf of the Appellant in annexed
hereto as Annexure A-2. Replications to the Written Statement are annexed
hereto as Annexure A-3.
7. That the issues were settled in the Suit, which appear in the Impugned
judgement.
11. That however, the Learned trial Court by ignoring all the evidence and
documents placed on record decreed the suit of the Respondent in his favour
by judgement and decree dated _______________, certified copy of which has
been already annexed hereto as Annexure-A.
12. That feeling aggrieved by the judgement and decree passed by the
Learned Trial Court, the Appellant is preferring the present appeal for
quashing/ setting aside the judgement and decree dated _______________ on the
consideration inter-alia on the following amongst other.
GROUNDS
A. Because the Learned Trial Court has acted in a manner which is contrary to
Law and all well-established norms of dispensing justice.
B. Because the Learned Trial Court has not appreciated the evidence and the
arguments adduced on behalf of the Appellant at all since these contentions
and arguments have neither been considered nor discussed in coming to
impugned judgement and decree and as such impugned judgement and decree
is liable to be quashed and set aside.
C. Because the Learned Trial Court ought to have held that the suit is barred by
Limitation and therefore liable to be dismissed.
E. Because the Learned Trial Court has misapplied the judgement passed by the
Hon’ble Supreme Court in _________________________________________, without
understanding the ratio-decindi in the said judgement.
F. Because the Learned Trial Court has erred in not considering the facts and Law
in correct perspective, which has resulted in miscarriage of justice and suits
therefore were liable to be dismissed.
I. Because on the facts of the case as appears on records, it was a fit case where
the suits ought to have been dismissed.
J. Because the judgement passed by the Learned Trial Court suffers from lack of
exercise or jurisdiction vested in the court.
K. Because the Learned Trial Court has acted with material irregularities which
has resulted in miscarriage of justice and therefore, impugned judgement is
liable to be quashed/ set aside.
13. That the valuation of this Appeal for the purpose of Court Fees is fixed
at Rs. ………. And the requisite Court Fees is appended to this memorandum
if Appeal.
14. That this Appeal is being filed within the prescribed period of Limitation,
the judgement and decree under Appeal having been passed on
_______________.
15. That it is submitted that the annexures annexed along with the Appeal
are true copies of their respective originals.
PRAYER
Having regard to what has been stated hereinabove, it is therefore prayed that this
Hon’ble Court may kindly be please to:
1. Quash/ Set Aside the judgement/ decree dated _______________ and dismiss
the suit of the Respondent decided by Civil Judge, Delhi with cost(s)
2. Pass such other order(s) as this Hon’ble Court may deem fit and proper in the
circumstance of the case.
3. Allow the Appeal in favour of the Appellant and against the Respondent.
It is prayed accordingly!
Through
Advocate
Counsel for Appellant
Date:
Place:
Will be annexed with
1. Affidavit of Appellant.
2. Application on behalf of Appellant under Section 151 of the Code of Civil
Procedure, 1908 for stay of the operation of the impugned judgement and
decree.
3. Can be annexed with application under Section 151 for early hearing.
4. Index:
INDEX
BENCH AT................
The petition of (full name, description, occupation and address of petitioner) showeth:-
1. The address of the petitioner above named for the service of all notices, processes,
etc., is that of his representative Shri.......................at... . . .
2. The company above named, viz., ..... ........(hereinafter referred to as 'the company')
was incorporated in the month of. ... ......19..../20.... under the (Companies Act, ) as
a public (private) company limited by shares/ limited by guarantee/ as an unlimited
company.
5. The objects for which the company was incorporated are (herein set out the main
objects) and any matter considered necessary for furtherance thereof set forth in the
memorandum of association thereof.
6,7,8, etc. [Here set out in numbered paragraphs, as may be necessary, the facts on which
the petitioner relies in support of the petition. Where the petitioner is a contributory, the
petition should state whether the conditions of sub-section (2) of section 272 are
satisfied. Where the petition is presented by the Registrar of Companies or by a person
authorised by the Central Government, the order of sanction or authorisation of the
Central Government should be annexed to the petition. After setting out the facts
conclude as follows:-l
PRAYER
ENCLOSURES-
M/____________________________
Address_______________________ , …Plaintiff
Versus
M/s ______________________
RESPECTFULLY SHEWETH:
1- That the plaintiff is a company under the name and style of M/s
_________________________ and Mr. ______________ through whom the present suit is being
instituted is the ___________________ of the plaintiff company and he has been authorized by
the plaintiff vide Resolution dated __________ and he is fully competent to engage the counsel,
sign the vakalatnama, plaint, application for stay, affidavit, applications etc. to depose before this
Hon’ble court and to do such other acts, deeds and things. The copy of the Resolution is enclosed
as Annexure –A.
3- That during the course of business with the defendant the plaintiff has done
_____________________________. An agreement to this effect was executed between the
plaintiff and the defendant on _____________. The plaintiff did the job work as per the
satisfaction of the defendant. During the course of business the plaintiff issued proper bills to the
defendant, which were accepted and acknowledged by the defendant. The copy of the Bill is
enclosed as Annexure –B.
4- That as per the statement of account maintained by the plaintiff the balance amount of Rs.
________/- is outstanding against the defendant as on ______________ after receiving the last
payment of Rs. ___________/- on ________________. The photocopies of Agreement and
statement of account are enclosed.
5- That as per the terms and conditions of the Agreement the defendant have to make the
payment of ___% on the delivery of the ____________, which was supplied to the defendant in
time but the payment was not made by the defendant upto ____________. Thereafter so many
requests were made to the defendant to make the payment so as the work could be done in time
but the defendant failed to make the payment. It is noot out f place to mention here that the work
was delayed due to the reason known to the defendant. The defendant violated the terms and
conditions of the Agreement.
6- That the account of the defendant became irregular and inspite of repeated requests and
demands the defendant failed to regularize their account and also failed to make the payment in
time.
7- That the plaintiff requested the defendant several times to make the payment of the
outstanding amount which is lying against them but the defendant on one pretext or the other
avoided to the legitimate requests of the plaintiff without any cause or reason and has stopped the
payment of the plaintiff. In this contest the plaintiff has so many times orally and in writing
approached the defendant to make the payment of the outstanding amount lying with the
defendant. the notice was sent to the defendant by the plaintiff but the defendant failed to make
the payment thereafter the and wrote a letter stating that the account of the plaintiff is debited
with Rs. ______________/- without any reason. The defendant is trying to make liable the
plaintiff for their wrongs. The defendant issued the same to cheat the plaintiff. The defendant are
evading and neglecting the payment of the plaintiff with one false pretext or the other and with
some ulterior purpose and motives therefore, the plaintiff can not trust on the defendant any more
and cannot and cannot wait for an indefinite period hence they have been compelled to take
efficacious legal action against the defendant.
8- That the account of the defendant become irregular and inspite of repeated requests and
demands the defendant failed to regularize their account and also failed to make the payment in
time.
9- That the plaintiff was induced by the defendant to believe in making false representations that
they would honour the payment on receipt of the invoice but plaintiff realized letter that the
intentions of the defendant was not clear and became decisive, the defendant after receiving the
goods, converted the same in their own use and still the defendants have not paid the money to
the plaintiff as assured by them.
10- That the defendant fraudulently and dishonestly induced the plaintiff to deliver their property
and as such the defendant deceived the plaintiff and caused wrongful loss. The defendant were
bound to protect the interest of the plaintiff but the defendants failed to do so hence the
defendant have committed an offence punishable under section _______________ IPC and other
provisions of the law.
11- That as per the initial terms and conditions settled with the defendant by the plaintiff, the
plaintiff is entitled for an interest @ ___% per annum which is the prevailing rate in the market
usage and is the banking rate of interest on outstanding. The plaintiff claims interest at the above
rate from the defendant it became due till the date of realization.
12- That plaintiff served a legal Notice dated ____________ through registered post upon the
defendant calling upon them to make the payment of Rs. ________/- along with interest @ __%
per annum which was duly received by the defendant. On the receipt of this notice the defendant
contacted with the plaintiff and demanded some time for making the payment because the
defendant were facing some financial problems. But on ___________ refused to make any
payment to the plaintiff.
13- That the cause of action to file the present suit accrued on each and every date when the
plaintiff requested the defendant to make the payment of the outstanding amount due against the
defendant. The cause of action further accrued on ____________ when the plaintiff sent a legal
Notice to the defendant calling upon to make the payment of the plaintiff outstanding against the
defendant. The cause of action finally accrued in favour of the plaintiff and against the defendant
on _________ when the defendant refused to make payment of the same to the plaintiff. Hence
_____________ is the final date of cause of action accrued in favour of the plaintiff and against
the defendants. Hence this suit.
14- That the present suit being filed by the plaintiffs against the defendant is the first suit and no
such suit has been previously filed, pending or decided by any court of law on the same subject
matter.
15- That plaintiff and the defendant reside and the and entire cause of action also accrued
between the parties at ____________, within the territorial jurisdiction of this Hon’ble court,
therefore, this Hon’ble court has got the jurisdiction to entertain and try the present suit
16- That the value of the suit for the purposes of court fee and jurisdiction is assessed at Rs.
____________/- upon which Advolrum Court fee Stamp of Rs. ________/- has been affixed on
the plaint.
PRAYER: It is, therefore, prayed that this Hon’ble court may graciously be pleased to pass
(i) a decree for recovery of Rs. ________/- alongwith interest @ __% per annum since
_________ till upto date may kindly be passed in favour of the plaintiff and against the
defendant
(ii) costs of the suit may be awarded in favour of the plaintiff and against the defendant
(iii) or any other relief which this Hon’ble court deems fit and proper may kindly be granted in
favour of the plaintiff and against the defendant
PLAINTIFF
Through
VERIFICATION:
Verified that the contents of Paras No.___________ of the plaint are true and correct to best of
my knowledge and Paras No. ___________ of the plaint are true to best of my knowledge and
belief.
PLAINTIFF
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO. OF 202_
TO,
THE HONOURABLE CHIEF JUSTICE AND
THE JUDGES OF THE HONOURABLE
HIGH COURT AT BOMBAY
SHEWETH:-
1. That the abovenamed ____, the Deceased died intestate at Mumbai, on _____.
Hereto annexed and marked as Exhibit “A” is the photocopy of the Death
Exh. A Certificate of the Deceased issued by ______.
2. That the Deceased at the time of his death had a fixed place of abode at
______ and left moveable property within ____ and in the State of
______.
3. The Petitioner states that the some of the movable properties were already
encashed/withdrawn/transferred by the deceased in during his lifetime. Hence,
the Petitioner has not shown such movable properties in Schedule – I of the
Petition.
A Succession Certificate may be granted to the Petitioner him being the Sole
Administrator of the Deceased abovenamed, having effect throughout the State of
Maharashtra.
____________ ____________
Partner (Petitioner)
Advocate for the Petitioner
VERIFICATION
__________________
(Petitioner)
Before me,
____________
Partner
Advocate for the Petitioner
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
TESTAMENTARY AND INTESTATE
JURISDICTION
PETITION NO. OF 202__
____________________ ….Petitioner
___________________
Advocates for the Petitioner
________________
________________
Email : ________________
Tel. No. ________________
Mobile No. ________________
Advocate Code No. _____
O. S. Registration No. __
IN THE COURT OF _____________________________
Mr.____________________
COMPLAINANT
VERSUS
Mr. _______________
ACCUSED
POLICE STATION:____________
5. That towards payment of amount of loan the accused issued Cheque No.
______________ Dated ____________for Rs. ___________to the complainant.
That in order to discharge their above said liability and in accordance with the
agreed terms and conditions, the accused had issued Cheque No.
_____________ Dated ___________for Rs. ___________/- drawn on
___________________. The said cheque was issued from Account No.
____________________which is held in the name of the accused. That the
present complaint is based on the dishonor of the above said cheque which was
issued in discharge of a lawful debt.
6. That at the time of handing over the above said cheque the accused had assured
the complainant that the said cheque will be honored/encashed on presentation.
Taking the above assurance/representation as true, the complainant had
accepted the above said cheque.
That on the basis of the assurances given by the accused, the complainant
presented the above said cheque with its bankers namely
___________________________________ and was dishonored vide cheque
return advice dated _____ issued by the complainants bank. The aforesaid
cheque was returned unpaid vide returning memo dated ____________with the
remarks “FUNDS INSUFFICIENT”.
7. That the dishonor of the cheque clearly shows and establishes that the accused
did not intend to honor the amount under the said cheque.
8. That on account of the dishonor of the said cheque, the complainant had served
a legal notice dated ____________upon the Accused by way of Registered Post
vide Receipt No. _________________ dated ___________However, despite
service of notice, the accused has not taken any steps to liquidate his liability
and has failed to make balance payments to the complainant towards the amount
covered under the said cheque, within the statutory period of 15 days or
thereafter. Thus, the Accused has, therefore committed an offence within the
meaning of Section 138 and other sections of the amended provisions of the
Negotiable Instruments Act, 1881, for which he is liable to be prosecuted and
punished.
9. That the accused have failed to make payment against the said cheque which
has been done by them malafidely, intentionally and deliberately and
knowingly. That at the time of issuing the said cheques the accused were fully
aware that the said cheques will not be honored on presentation. Therefore, the
accused has dishonestly induced the complainant to advance a sum of
_________________ /- (Rupees __________________ Only) fully knowing
that he cannot repay the said amount to the complainant.
10. That the accused is guilty of offence under Section 138, Negotiable Instruments
Act and is also liable to be prosecuted under Section 420 of the Indian Penal
Code.
11. That in view of the facts and circumstances, the complainant has a cause of
action and right to file the present complaint. The cause of actions has arisen in
favour of the complainant when, on the expiry of the notice period, the Accused
has not come forward to pay the amount relating to the dishonored cheques. The
cause of action is still subsisting and continuing in nature.
12. That the cause of action has arisen at __________ as the cheques was issued at
_________, and the same was payable at __________ and was also dishonored
at _________. Therefore this Hon’ble Court has jurisdiction to try and
adjudicate upon the present complaint.
13. That the complaint is well within limitation period prescribed under the Act:
i. Date of Dishonor ______
ii. Date of Notice ______
iii. Date of filing Complaint _______
14. That a list of documents and list of witnesses are annexed with this complaint.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a. Summon, prosecute and punish the Accused and also direct the accused to pay
the amount as double to the amount covered under the said dishonored cheques,
under the provisions of Section 138 read with Section 142 of the Negotiable
Instruments Act,1881 as amended by the Negotiable Instrument laws (Amended
and Miscellaneous Provisions) Act, 2002. In accordance with Section 357 of
Code of Criminal Procedure 1974, out of the penalty imposed, the Accused be
ordered to compensate the Complainant to the extent of Rs._______ /- (Rupees
______________ Only) and
b. Such other and further orders may be passed as may be deemed fit and proper
by this Hon’ble Court.
It is prayed accordingly.
PLACE:
DATED:
COMPLAINANT
THROUGH :
ADVOCATES
Complaint in The Consumer Forum
Versus
1. That the complainant purchased from the opponent No. 1 a Whirlpool Washing Machine…………………
Hereto annexed and marked as Exhibit 'A' is a copy of the cash memo bearing No....of the even date issued
by the opponent No. 1.
2. That the price of the said Whirlpool Washing Machine is Rs. 15560/- (Rupees Fifteen Thousand Five
Hundred Sixty Only).
3. That the said washing machine is a product manufactured by the opponent No. 2.
4. That the opponent No. 1 claims that the electrical and electronics articles manufactured by them are of the
highest quality and the opponent No. 1, as per the scheme, public announcement and written warranty
made by the opponent No. 2, had given a guarantee of the said washing machine for a period of seven years
from the date of its purchase.
5. That the opponent No. 1 issued a warranty card bearing its stamp as well as signature. Hereto annexed and
marked as Exhibit 'B' is a copy of the said warranty card issued by the opponent No. 1.
6. That before using the said washing machine the complainant had gone through the manual and
instructions contained therein. Hereto annexed and marked as Exhibit 'C' is a copy of the manual produced
by the opponent No. 2 and personally handed over to the complainant by the opponent No. 1.
7. That when the complainant tried to start the said washing machine, it could not be started and the
complainant accordingly reported the matter to the opponent No. 1 for immediate compliance.
8. That the opponent No. 1 deputed persons to attend to the fault, if any, in the said washing machine but they
could not start the machine and told that they would again come and do the needful in the matter.
9. That thereafter, in spite of the promise made by the representatives of the opponent No. 1, nobody turned
up for about a fortnight, and the complainant had to follow up the matter with the opponent No. 1
constantly for no positive response.
10. That the complainant submits that after about a month or so, as per the statement made and information
given by the opponent No. 1, the persons deputed by the opponent No. 2 put the machine in order and it
started working.
11. That however, only a week later, the said washing machine started to run down every now and then, and
when this fact was reported and brought to the notice of the opponent No. 1, no proper attention was paid
by the concerned persons who were told to be responsible for such repairs and services.
12. That since it was found by the complainant that the said washing machine would not work properly on
account of its malfunctioning, he requested the opponent No. 1 to replace the said washing machine with a
new one; the opponent No. 1 arranged to receive and take it back and also sent to the opponent No. 2 for
replacement.
13. That thereafter the complainant time and again requested the opponent No. 1 to expedite the matter of
replacement but neither the opponent No. 1 nor the opponent No. 2 did anything in the matter and thus the
complainant was left to suffer the total loss and damage.
14. That the complainant also served on the opponents a notice dated..., calling upon them to comply with the
demands made therein by the complainant and the opponents did not do so and hence this complaint.
Hereto annexed and marked as Exhibit 'D' is a copy of the said notice served on the opponents.
15. That the complainant submits that the general conduct, behaviour, and treatment meted out to the
complainant by both the opponents was such that there was a tremendous mental tension caused to the
complainant; he has also had to pass through mental agony.
16. That the complainant submits that he has lost not only money but he has also suffered excruciating mental
tensions and tortures for no fault of his.
17. That under the circumstances and in the interest of justice, the opponents be directed to refund to the
complainant the total price of the said Washing Machine amounting to Rs. 15560/- (Rupees Fifteen
Thousand Five Hundred Sixty Only) and the compensation of Rs. 15000/- (Rupees Fifteen Thousand Only)
for the loss, injury, mental tensions, and tortures caused to the complainant.
18. That the cause of action arose on..., in the Pune City and the value of the said goods sold by the opponents to
the complainant being within the limitation of this Forum, this Hon'ble Forum has jurisdiction to try and
decide this complaint.
19. That the complainant submits that he has not filed any such complaint in any other Forum or court of law.
20. That the complainant therefore prays that the opponents be kindly directed to pay jointly and severally to
the complainant the following sums of money:
A. An amount of Rs. 15560/- as the refund of the price of the said Whirlpool Washing Machine;
B. An amount of Rs. 15000/- as compensation for mental tensions, tortures, and agony suffered by the
complainant;
C. An amount of Rs. 2500/- being the costs of the proceedings including the expenses incurred in
correspondence, notice, and travelling.
VERIFICATION
I, Shri Somaji Gomaji Kapse, the complainant, do hereby state and affirm that the contents of this complaint
and the statements made herein in paras 1 to 21 are true and correct to the best of my knowledge and belief, and
so I have signed hereunder.
Enclosures:
"A" To "D"
(In Triplicate)
IN THE COURT OF METROPOLITAN MAGISTRATE
30TH COURT AT KURLA, MUMBAI
BAIL APPLN. NO. _______ OF 2022
The State
(Matunga Police Station) ...COMPLAINANT
Vs.
________________
Aged about 55 years
Res. : Plot No. __ ,Flat No __,
1 Floor, Patel Palace,
Jame Jameshed Road,
Five Gardens, Matunga, ...APPLICANT/ ACCUSED
Mumbai-4000__
She is a businesswoman. Presently working and drawing salary of Rupees five lacs per month
aggregating to Rupees sixty lacs per annum. She is an Income Tax payee as per rule 31 (1) (a). As
such, she submits Form No.16 as required under the Income Tax Acts and Rules. (Applicant craves
leave to and refer to Form No.16 as and when required).
She is staying with her family consisting of her Daughter Simrrun Samirr Shah in the above given
address. She lost her husband on 4th January, 2010 at the age of 42 years and her son (Devip Sumar
Sharh-30 years) on 7th July, 2018.
3. The brief facts and background of this bail application are as follows:
The Officers' of Matunga Police Station called the Applicant to the police station for inquiry by
issuing summons u/s.43 (a) (1) of Cr.P.C. dated 07.01.2021. During the same, Applicant came to
know that there was an FIR bearing No.3 of 2021 dated 05.01.2021 u/s.420, 465, 473 of The Indian
Penal Code, u/s.39/192 of Motor Vehicle Act and u/s of Central Motor Vehicle Rules registered
against her with the Matunga Police Station.
4. Applicant/Accused received a letter bearing No.O/W No.3502 of 2021 dated 28.06.2021 from
Matunga Police Station informing her that they are filing the Charge-sheet before the Hon'ble 30th
Metropolitan Magistrate at Kurla, Mumbai.
It is further stated in the said letter that Applicant/Accused will receive the notice from Hon'ble Court
and she needs to attend the Hon'ble Court on the date as directed by the Hon'ble Court. (Annexed
herewith is the copy of the letter dated 28.06.2021 as Annexure-1).
Applicant/Accused is before this Hon'ble Court adhering and respecting the oral information
received by her from the Officers' of Matunga Police Station as she is a law abiding citizen.
5. As such, this application for securing bail on the following grounds amongst others;
a. Applicant is the permanent citizens of Mumbai residing at above given address since many years.
She is staying with her family and having deep roots in the society. (Annexed herewith is the
Photocopy of (i) Aadhar Card, (ii) PAN Card, (iii) Ration Card and (iv) Electricity Bill as
Annexure-2 (Colly)).
b. The investigation is over and the Officers' of Matunga Police Station want to file the charge-sheet
before this Hon'ble Court against the Applicant/Accused. Knowing the nature of the case and the
facts involved the Officers' did not arrest the Applicant/Accused and completed the investigation.
She and her company fully co-operated with the Investigating Officers.
c. Applicant most respectfully submits that she is innocent and falsely implicated in this case.
d. Applicant most respectfully submits that the Officers' of Matunga Police Station under whose
instance this charge-sheet is filed were of the opinion that custodial interrogation of the Applicant
was not required. As such, no arrest was made.
e. It is submitted that there is no possibility of Applicant tampering with the evidence or fleeing
from the course of Justice as she is a permanent resident of Mumbai, Maharashtra as can be seen
from various documents submitted before this Hon'ble Court as referred above.
f. It is submitted that the elements of the sections charged against Applicant are not at all attracted
to the facts of the present case.
The facts do not constitute any offence as alleged. On receipt of the charge-sheet she will file
appropriate application for discharge as advised.
g. Applicant most respectfully submits that there is no iota of evidence on the basis of which the
elements of the offences with which she is alleged are attracted.
h. Applicant most respectfully submits that she is residing at the address mentioned in the cause
title alongwith her family. She has roots in the Society and she will not abscond.
i. Applicant most respectfully submits that the Applicant is ready and willing to furnish the surety
as per the directions of this Hon'ble Court.
j. Applicant further submits that she will not tamper with the prosecution evidence.
k. Applicant most respectfully submits that she is ready to abide with all the terms and conditions
that may be imposed on her by this Hon'ble Court.
l. Applicant respectfully submits that she will not abscond if released on bail by this Hon'ble Court.
m. Due to untimely demise of her husband, ___________ at the age of ___ years and her son,
________ at the age of ____ , years, she is suffering Hypertension and dyslipidemic.
6. Applicant have not filed any other Application seeking reliefs prayed herein in either this Hon'ble
Court or any other Court in India.
7. Applicant craves leave to add, delete, alter and/or amend any of the grounds and/or reliefs with the
permission of this Hon'ble Court.
8. Applicant craves leave to refer to and rely upon various judgments in favour of this application if
required. More specifically;
i. Satender Kumar Antil Vs. CBI & Anr. Decided on 07.10.2021 by Hon'ble Supreme Court in
Appeal (cri.) No.5191 of 2021.
ii. Siddharth Vs. State of U.P. & Anr. Decided on 16.08.2021 by Hon'ble Supreme Court in Cri.
Appeal No.838 of 2021
It is therefore prayed as under:
(a) This Hon'ble Court be pleased to order the release of Applicant/Accused on bail on such terms and
conditions as it deems fit and proper.
(b) This Hon'ble Court be pleased to pass interim bail till this application is disposed off if prayer (a) is
deferred.
(c) This Hon'ble Court be pleased to pass such other order as it deems fit and proper in the
circumstances of this case and in the interest of justice.
And for this act of kindness, the Applicant shall, as in duty bound, ever pray.
MUMBAI.
DATED 20TH JANUARY, 2022. Advocate for the Applicant
IN THE COURT OF METROPOLITAN MAGISTRATE
30TH COURT AT KURLA, MUMBAI
BAIL APPLN. NO. _______ OF 2022
The State
(Matunga Police Station) ...COMPLAINANT
Vs.
________________ ...APPLICANT/ ACCUSED
1. This Hon'ble Court was pleased to release the Applicant/ Accused on bail today i.e. 20 January, 2022.
2. It is respectfully submitted that Accused be allowed to deposit cash in lieu of surety.
MUMBAI.
DATED 20TH JANUARY, 2022. Advocate for the Accused